Copyright is an automatic right protecting the fixed expression of an idea (not the idea itself) that does not have to be applied for or registered. This includes literary works, dramatic works, musical works, artistic works, layouts or typographical arrangements, recordings and broadcasts. 'A work will only qualify for protection if it is original and exhibits a degree of labour, skill and judgement' (Loven 2011) Copyright protection allows you to take legal action to stop others from exploiting your copyright and claim damages.
Usually the creator /author of the work owns the copyright. However if the work was produced for an employer by an employee of a company the copyright will belong to the employer. If the work was produced for a client on a freelance basis then the copyright will belong to the creator until it is signed over to the client.Evidence of creation
In the event of copyright infringement you would need to prove the work was created by you and when. Even though it is not completely foolproof there are a number of things you can do to evidence your work:
- You can post a copy of the work to yourself (or a solicitor or accountant) by recorded mail and retain it unopened as dated proof of the work being in your possession.
- You can retain any research, draft copies and development work to strengthen the case in proving you were the creator of the work.
- There are some companies that offer unofficial copyright registers where they store your work (along with development work) on a database along with the time and date it was received. It is worth making sure that is a respected source who understand copyright law.
You can use the copyright symbol ©, your name and the year the work was produced but it is not compulsory. However the IPO advice that it is a good idea to help deter others from infringing the copyright, and gives evidence of when it was created for any possible litigation purposes, to identify the owner for those seeking permission to use it and to indicate when the copyright runs out.
Fair use/ fair dealings
There are certain specific situations where you may be permitted to use copyright protected works without permission from the copyright owner - known as 'fair use' or 'fair dealings'. Using 'less than a substantial part of the works' (IPO 2011) can be permissible however it is for the courts to decide on what this constitutes and even a small amount of the works may still be considered a substantial amount. Fair use permits a restricted amount of use for certain purposes the IPO list some of these as:
- Non commercial research and private study
- Criticism, review and reporting current events
- Teaching in educational establishments
- Helping visually impaired people
- Photographing, drawing or filming artistic works in public locations
- Legal proceedings
- Time shifting (e.g. recording a programme to be viewed at a more convenient time in a private or domestic setting).
Using material protected by copyright'You should only copy or use a work protected by copyright with the copyright owner's permission.' (IPO 2011) This includes reproduction in any medium, e.g. your can't produce a drawing of someone's photograph without their permission.
A copyright protected work may have the right holder's name and date on it. However the
Bibliography
Loven (2011) 'What is copyright?'
http://www.loven.co.uk/?page_id=779
Intellectual Property Office (2011)
http://www.ipo.gov.uk/types/copy.htm
Design Council (2010) 'Legal issues: intellectual property'
http://www.designcouncil.org.uk/resources-and-events/designers/guides/legal-issues/
Computer Arts (2007) 'Designers and Copyright'
http://www.computerarts.co.uk/features/designers-and-copyright
Protect My Work (2011) 'Graphic Design Copyright:'
http://www.protectmywork.com/index_graphics.php
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